In 1842, the city of New Orleans prosecuted Father Bernard Permoli, a Catholic priest, for conducting an open casket funeral. A violation of the Free Exercise Clause of the First Amendment? The Supreme Court said no: The protections in the Bill of Rights did not bind state and local governments.
Then in 1868, the Fourteenth Amendment is ratified, and it incorporated the Bill of Rights against the states–or did it? On this episode, the failure of incorporation after Reconstruction.

Recent Episodes

March 23, 2023

Short Circuit 264 | Evicting Innocent People

Can a city get a renter evicted for a crime they didn’t commit? Unfortunately, in over 2,000 cities across the country the answer is yes. […]

Read More

March 14, 2023

Short Circuit 263 | A Three Hour Tour

A nostalgic tale of judicial engagement where we examine whether recess is a crime and whether it’s fine for the government to follow your every […]

Read More

March 08, 2023

Short Circuit 262 | Shielded

A special Short Circuit Live at Georgetown University hosts Joanna Schwartz of UCLA to discuss her book Shielded: How the Police Became Untouchable. And not […]

Read More